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(영문) 전주지방법원 2017.04.25 2017고정82
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving cars B.

On April 30, 2016, the Defendant, without obtaining a construction machinery pilot license at around 19:00, was driving a vehicle to which the Defendant had the said vehicle on the direction of the old leuk-gu Seoul Special Metropolitan City Co., Ltd. toward the old leuk-gu Master.

At the time, as the Defendant entered the road, there was a duty of care to prevent accidents by accurately manipulating the front door and the left and right of the driver, in advance, whether there is no vehicle in progress on the part of the driver.

Nevertheless, the defendant neglected the construction machinery operator's license and entered the road as it is, due to the negligence of entering the road as it is, the victim D (40 Does) who proceeded with the above old leuk-ro with the above old leuk-ro, the part before the right side of the E-Nata car driving.

Ultimately, the Defendant caused the injury to the victim D by the foregoing occupational negligence on a sudden boomed fluoral finite that requires the treatment of approximately two weeks, and the injury to the victim F (V, 61 years of age) that requires the treatment of approximately two weeks to the victim F (V, the passenger of the said small fluoral final finites).

2. A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a construction machinery pilot's license from the head of a Si/Gun/Gu;

Nevertheless, the Defendant, at the time and place specified in paragraph (1), operated a construction machinery pilot B without obtaining a construction machinery pilot’s license.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

1. A survey report on actual conditions;

1. Each medical certificate, on-site photograph (the fact under No. 2 of the ruling);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. The proviso of Article 3(2)7 and Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of traffic accidents caused by occupational negligence), Article 41 Subparag. 2 of the Construction Machinery Management Act, concerning criminal facts.

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